Elder Law

[stellac1776]

My question involves a person located in the state of: Indiana

My sister is currently in a nursing home. She is on Medicaid. Nursing home just had an outbreak of Covid 19 where 40 of 45 residents and 13 employees tested positive for covid 19. My sister was one. She developed many symptoms of the disease and has been extremely ill. Over the weekend she was very bad, but they tell me it has not infected her lungs. I do not know we have been locked out of the facility since February of 2020. She tells me that she has had shortness of breath along with vomiting, diaherra, cough, sore throat, chills, body aches, and has not eaten or drank much in the last 2 weeks. She also has come confusion. I am one of her HCPOA and GPOA. Over the weekend she was so bad, I asked them to take her to the ER Hospital to be checked out. I suspect she is also dehydrated. The nursing home tried to talk me out of it but I said no, she needed to go. She also told them she wanted to go. My sister is 74 and has many other issues, overweight, diabetes, heart valve problems, renal failure. They said they would start the process and get her there.

Several hours later I called back to see where they had taken her to. They told me that they did not think it was necessary to send her and she was still there. Ever day I call they tell me she is fine, just sick with Covid. Finally I was able to talk to her. She sounded worse, is still sick, has not been out of bed except to go to the bathroom, and is still not eating or drinking much.

Question... Can the nursing home override my and her request to go to the ER? They have ignored her request in the past following falls and open wounds and not taken her to the ER. Said they would take care of it. In the past, they have always called her spouse and he has not asked, not insisted or not wanted her to go to the ER. Basically, he does not care what happens to her as long as it does not bother him. This is why my sister had me added to her HCPOA and GPOA. The cause is actually an "AND" not an "OR". If one HCPOA wants her there, can the other override it? He tells me that he never told them anything about going to the ER as they never contacted him.

Is there a reference that I can read regarding nursing homes' and patients' rights with Medicaid in the State of Indiana? Thanks.

[adjusterjack]

Why not just call 911, report her dangerous medical condition and you show up with the police and an ambulance.

Anything else you do is likely to just delay treatment.

[stellac1776]

I can call 911 but from what I understand from the nursing home they do not have to let them in as they are under covid restrictions. Also, I am too far away to show up. And I understand that if the nursing home does not transport her then we would be responsible for the bill. Trust me, none of us have that kind of money

[LegalWriter]

To report suspected elder mistreatment in the home and in long-term care facilities in Indiana call: 1-800-992-6978.

[stellac1776]

Is there a reference that I can read regarding nursing homes' and patients' rights with Medicaid in the State of Indiana? Thanks.

[Mercy&Grace]

Unfortunately, the care of Medicaid patients in nursing homes is poor. It is not up to her if she needs to see a doctor.

Did you see her frequently before covid restrictions? When family members are actively involved in the lives of their loved ones in nursing homes. Their voices often have a better chance of being heard.

[llworking]

To report suspected elder mistreatment in the home and in long-term care facilities in Indiana call: 1-800-992-6978.

I agree with this advice. It really is the only viable alternative if you cannot show up in person with the police and an ambulance.